Being accused of a Title IX violation can be frightening and bewildering. Many people have a vague notion of what Title IX entails, but very few students have a robust understanding of the law and its consequences upon those accused - called respondents in Title IX cases - of Title IX violations. If you have been named as a respondent in a Title IX case, it is understandable if you have many questions and concerns, including whether your professors will be informed about your involvement in the case.
Understanding Title IX
Title IX is a federal civil rights law that prohibits discrimination based on sex in educational programs and activities receiving federal financial assistance. This law has far-reaching implications, including addressing sexual harassment, sexual assault, and other forms of gender-based misconduct in educational settings. As a student navigating the complex world of higher education, how Title IX handles confidentiality.
Confidentiality in Title IX Investigations
Title IX investigations must adhere to strict confidentiality guidelines to protect the privacy of the students involved.
There are 3 exceptions that could result in the disclosure of the identity of the complainant or respondent can be made without their consent:
- The disclosure is required by the Federal Education Rights and Privacy Act (FERPA).
- The disclosure of the parties' identities is required by law.
- The disclosure is necessary to carry out the Title IX investigation.
FERPA is a federal law that protects the privacy of student education records. Under FERPA, schools are generally prohibited from disclosing personally identifiable information from a student's education record without the student's consent. This includes information related to Title IX investigations and proceedings.
However, even in cases where one or more of these exceptions applies, the disclosure must not be made as part of a retaliatory action against either party.
When it comes to knowing whether your professors will be informed about the investigation or your involvement in it, the short answer is that it depends. While the general principle of confidentiality applies to Title IX proceedings, there are certain circumstances where disclosure may be permitted or considered necessary.
These include:
- Need-to-know basis: In some cases, a school may determine that certain faculty members need to know about a Title IX accusation to perform their job responsibilities effectively. This may include situations where a professor is directly involved in the investigation.
- Safety concerns: If there is a legitimate concern for the safety of the campus community, the school may share limited information with faculty members to address potential risks. However, this disclosure must be carefully balanced with the privacy rights of the students involved, and only the necessary information should be shared.
In both instances, faculty members who receive information about a Title IX investigation are typically bound by the same confidentiality requirements as other school officials involved in the process.
In most Title IX investigations, professors have limited involvement in the process, as the primary responsibility for managing the investigation and resolution lies with the Title IX Coordinator and other designated school officials. Professors are generally not involved in the decision-making process related to the outcome of the investigation or any disciplinary actions that may be taken against the accused student.
There are circumstances in which professors may become involved in a Title IX investigation, such as when they serve as witnesses or support persons for either the complainant or the respondent. Professors may be called upon to provide information about their observations or interactions with the parties involved, or they may be asked to offer guidance and support to a student throughout the investigation process. In these roles, professors must maintain strict confidentiality regarding any information they receive about the investigation.
Professors who become aware of a Title IX accusation, whether through their involvement in the investigation or due to a disclosure from a student, have a responsibility to maintain the confidentiality of the information they receive. This includes refraining from discussing the case with colleagues, other students, or anyone outside of the investigation process who does not have a legitimate need to know the information.
Protecting Your Rights During a Title IX Investigation
The Title IX investigation and hearing process can be daunting and emotionally challenging. If you are accused of a Title IX violation, it is essential to understand your rights throughout the investigation process. You have the right to a fair and impartial investigation, access to information and evidence, and the opportunity to present your side of the story. Being well-informed about your rights can help ensure that you are treated fairly and that the process adheres to the required legal standards.
If you are named as a respondent in a Title IX case, it's critical that you consult an experienced Title IX defense attorney as soon as possible. A knowledgeable attorney can help you navigate the complexities of the investigation process, provide guidance on how to respond to allegations, and ensure that your rights are upheld throughout the proceedings. The cards can seem like they’re stacked against you during a Title IX investigation, and having legal representation can help level the playing field.
To protect your rights and ensure the best possible outcome, it is crucial to:
- Familiarize yourself with your institution's policies and procedures related to Title IX investigations and hearings.
- Engage in open and honest communication with your legal representative, providing them with all relevant information and documentation.
- Prepare thoroughly for any interviews or hearings, working closely with your attorney to develop a clear and compelling narrative in response to the allegations.
- Be respectful and professional throughout the process, even when facing difficult or emotional situations.
At Parisi, Coan & Saccocio, PLLC, we believe that everyone has the right to a fair and impartial investigation. We are dedicated to providing our clients with valuable legal advice and advocacy throughout their Title IX cases. Our experienced attorneys have an in-depth understanding of Title IX law and can provide you with the necessary guidance, resources, and representation that you need during this challenging time.
Contact us online or call us at (737) 200-2332 for a confidential consultation about your case.